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HomeMy WebLinkAboutERM-West - Amdnt no. 15 to Agreement - 05.31.23UUUUJIIJ.II CIIVCIUPU IU. 0k r_rDUJ/--+JyJ-'FD Ir-Mr-40-J0 IF-UJI IJJ IU AMENDMENT NO. 15 TO AGREEMENT TO PROVIDE PROFESSIONAL ENGINEERING AND RELATED ENVIRONMENTAL SUPPORT SERVICES BETWEEN THE CITY OF FRESNO AND ENVIRONMENTAL RESOURCES MANAGEMENT, INC. (FORMERLY ERM-WEST, INC.) (FORMERLY ERM REMEDIATION & CONSTRUCTION MANAGEMENT WEST, INC.) THIS AMENDMENT NO. 15 TO AGREEMENT TO PROVIDE PROFESSIONAL ENGINEERING AND RELATED ENVIRONMENTAL SUPPORT SERVICES, is made and entered into effective 5/31/2023 , 2023, by and between the CITY OF FRESNO, a municipal corporation (City), and Environmental Resources Management, INC., a Pennsylvania Corporation, formerly ERM-West, formerly ERM REMEDIATION & CONSTRUCTION MANAGEMENT WEST, INC., an Arizona corporation (Consultant). RECITALS WHEREAS, the City on behalf of itself, the Boeing Company (Boeing), and the United States Army Corps of Engineers (USACE) entered into an Agreement to Provide Professional Engineering and Related Environmental Support Services with Consultant dated December 21, 2006 (the "Agreement"), Amendment No. 1 to the Agreement dated February 4, 2011; Amendment No. 2 to the Agreement dated February 17, 2012; Amendment No. 3 to the Agreement dated December 11, 2012; Amendment No. 4 to the Agreement dated September 16, 2013; Amendment No. 5 to the Agreement dated January 30, 2014; Amendment No. 6 dated September 8, 2014; Amendment No. 7 dated February 2, 2015; Amendment No. 8 dated March 21, 2016; Amendment No. 9 dated November 16, 2016; Amendment No. 10 dated March 27, 2018; Amendment No. 11 dated March 16, 2019; Amendment No. 12 dated February 27, 2020; Amendment No. 13 dated December 10, 2020; and Amendment No. 14 dated January 13, 2022 for professional engineering, environmental and remedial actions concerning ground water contamination emanating from the Fresno Yosemite International Airport ("Airport" or, sometimes, "Old Hammer Field"), which services are hereinafter collectively referred to as the "Project"; and WHEREAS, the City, USACE, and Boeing (collectively, the "Parties") have entered a Settlement Agreement and Order in Case No. 1:06-CV-01559-OWW-GSA, where under these parties entered an Operating Agreement to coordinate the ongoing clean-up including selection and retention of consultants and contractors; and WHEREAS, Consultant is the Parties' remediation contractor identified in the Settlement Agreement; and WHEREAS, the City desires to amend the Agreement to provide for certain ongoing additional services; and WHEREAS, the Parties concur in the ongoing retention of Contractor to perform the ongoing scope of work in this Amendment No. 15 to the Agreement and coordinate with the Regional Water Quality Control Board (RWQCB), as provided herein. -1- UUUU0IIJ.1I Cl IVCIUpC IU.OL/Cr CUJ/-Y:JSJ-'#O Ir-Mr'40-UU ICL1J/ IOU IL/ AGREEMENT NOW THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree as follows: 1. The Consultant shall perform the additional services described in "Proposed 2023 Tasks, Remedial Actions Implementation and Site Monitoring, Old Hammer Field, Fresno California", attached hereto as Exhibit 1 and incorporated herein (Additional Services). 2. The total fee for satisfactory performance of the Additional Services shall not exceed $789,014, and the total not to exceed fee for satisfactory performance of all services required or rendered pursuant to the Agreement, as amended hereby and as previously amended by Amendment Numbers 1 through 15, shall not exceed $5,463,939. 3. Consultant acknowledges and agrees that pursuant to the Settlement Agreement and Order in City of Fresno v. United States of America, et al. (Case No. 1:06- CV-01559-OWW-GAS in the Federal District Court sitting in Fresno, California), ninety percent (90%) of the total fees due under this Amendment is to be provided to the City from Boeing (which shall pay 22% of the total payments due to Consultant hereunder to City) and from USACE (which shall pay 68% of the total payments due to Consultant hereunder to City). Accordingly, the City shall not be obligated to compensate Consultant beyond the ten percent (10%) City share until the City has received the foregoing shares from Boeing and USACE. 4. Consultant shall report directly to the City of Fresno, Director of Aviation or a designated representative. 5. Except as expressly provided herein, or as previously set forth in Amendment Numbers 1 through 14, all provisions of the Agreement shall continue in effect. [SIGNATURES FOLLOW ON THE NEXT PAGE.] -2- LJUL;U,Dly II CIIVCIUFIC IU. 0%,Cr DUO I-VJUJ--+o I r-Mr-+o-Jo I CUU! IJU I U IN WITNESS WHEREOF, the Parties authorized agents have executed this Amendment No. 15 to Agreement to Provide Professional Engineering and Related Environmental Support Services at Fresno, California, the day and year first above written. CITY OF FRESNO, a California municipal corporation ,— ❑ocwligned by: By: UnYlb� ibin 5/31/2023 P Henry° °ompson Director of Aviation APPROVED AS TO FORM: ANDREW JANZ City Attorney ❑ccuSf ned by: r�1�"" By: �jVAIn,�AVt, CbW127/2023 Bran Wn o I I e t Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clegkignedby: By:FIZ h q'ikr 6/1/2023 Deputy Addresses: CITY: City of Fresno Attention: Henry Thompson 4995 East Clinton Way Fresno, CA 93727 Phone: (559) 498-5549 Environmental Resources Management, INC. A Pennsylvania corporation ZZ $igned by: By: V j h4i 4/27/2023 Name: Truong Mai Title: Vise President (If corporation or LLC., Board Cr-);1 �FI t,qy:Vice Pres.) By: 111�" 4WW23 Name: Gregory J. Wheeler Title: Secretary (If corporation or LLC., CFO, Treasurer, Secretary or Assistant Secretary) Any Applicable Professional License: Number: 2472 Name: P.G. Date of Issuance: 2006 Environmental Resources Management, INC. Attention: Gregory J. Wheeler Partner 5001 California Ave, Suite 205 Bakersfield, CA 93309 - 1692 Phone: 949-623-4700 FAX: 949-623-4711 -3-